- 1 - HC-KAR NC: 2025:KHC-D:7793 RSA No. 101581 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.101581 OF 2022 (INJ) BETWEEN: P BALARAM S/O. MARAIAH, SINCE DECEASED BY HIS LRS. 1. P. BHAGYAMMA W/O. LATE BALARAM @ BALARAMAIAH, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: GODEHAL VILLAGE CROSS, GODEHAL VILLAGE – 583 103, TQ AND DIST: BALLARI. 2. P. RANGA SWAMY S/O. LATE BALARAM @ BALARAMAIAH AGE: 38 YEARS, OCC: AGRICULTURE, R/O: GODEHAL VILLAGE CROSS, GODEHAL VILLAGE – 583 103, TQ AND DIST: BALLARI. 3. P. PANDURANGA S/O. LATE BALARAM @ BALARAMAIAH, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: GODEHAL VILLAGE CROSS, GODEHAL VILLAGE – 583 103, TQ AND DIST: BALLARI. …APPELLANTS (BY SRI. SRINIVAS NADAMANI, ADVOCATE FOR SRI. C. S. SHETTAR AND SRI. HARSH DESAI, ADVOCATES) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7793 RSA No. 101581 of 2022 AND: M. PEERAN SAB S/O. LATE SHAIK SAB, SINCE DECEASED BY HIS LRS. M.REHMAN SAB S/O. LATE M. PEERAN SAB, SINCE DECEASED BY HIS LRS. 1. JUBEDA B. W/O. LATE REHMAN SAB, AGE: 42 YEARS, OCC: HOMEMAKER, R/O: TEGGINABUDHIHAL VILLAGE – 583 104, TQ / DIST: BALLARI. 2. ASHA D/O. LATE REHMAN SAB, IN THE CARE AND CUSTODY OF THE MOTHER, GUARDIAN AND NEXT FRIEND JUBEDA B.(R1) AGE: 15 YEARS, OCC: STUDENT, R/O: TEGGINABUDHIHAL VILLAGE – 583 104, TQ / DIST: BALLARI. 3. MOHAMMAD ZAVEL S/O. LATE M. REHMAN SAB, IN THE CARE AND CUSTODY OF THE MOTHER, GUARDIAN AND NEXT FRIEND JUBEDA B.(R1) AGE: 15 YEARS, OCC: STUDENT, R/O: TEGGINABUDHIHAL VILLAGE – 583 104, TQ / DIST: BALLARI. 4. HASEENA BEE W/O. LATE SHAIKSHAVALI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: GUNTAKAL – 515 801, DIST: ANANTHAPURA, A.P. 5. SHAIKSHAVALI S/O. LATE M. PEERAN SAB, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: TEGGINABUDHIHAL - 3 - HC-KAR NC: 2025:KHC-D:7793 RSA No. 101581 of 2022 VILLAGE – 583 103, TQ / DIST: BALLARI. 6. M. BASHEER SAB S/O. LATE M. PEERAN SAB, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: TEGGINABUDHIHAL VILLAGE – 583 104, TQ / DIST: BALLARI. 7. MUNNI W/O. SYED MUBEEN AND D/O. LATE M. PEERAN SAB, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O: RAJAJINAGAR MAIN ROAD, D/N.41 INDRANAGAR COLONY SLUM AREAS, TQ AND DIST: BENGALURU – 10. …RESPONDENTS (NOTICE TO R1, R2, R3 ARE HELD SUFFICIENT; NOTICE TO R5 TO R7 ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 READ WITH OF XLII READ 1 OF THE CODE OF CIVIL PROCEDURE PRAYING TO ADMIT THE APPEAL AND CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THE APPEAL SETTING ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.69/2019 DATED 09.09.2022 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE COURT AT BALLARI AND THE JUDGMENT AND DECREE PASSED BY LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI IN O.S.NO.615/2009 DATED 05.03.2019. AND THEREBY DISMISS THE SUIT FILED BY RESPONDENT IN O.S.NO.615/2009 AND ETC., THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:7793 RSA No. 101581 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Sri. Srinivas Nadamani, learned counsel has filed a memo dated 12.06.2025, which is signed by the appellant Nos.2 and 3, and the learned counsel for the appellants seeking withdrawal of the appeal as the dispute has been settled amicably between the parties. Memo is taken on record. In light of the memo, the appeal is dismissed as withdrawn. Pending applications, if any, are disposed off accordingly. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 37